IIA 

Calendar No. 90 

112TH CONGRESS 

1ST SESSION S. J. RES. 23 

Proposing an amendment to the Constitution of the United States relative 

to balancing the budget. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. MCCONNELL (for himself, Mr. HATCH, Mr. LEE, Mr. CORNYN, Mr. KYL, 

Mr. TOOMEY, Ms. SNOWE, Mr. RISCH, Mr. RUBIO, Mr. DEMINT, Mr. 

PAUL, Mr. VITTER, Mr. ENZI, Mr. KIRK, Mr. THUNE, Mr. ALEXANDER, 

Mr. INHOFE, Mr. CRAPO, Mr. BURR, Mr. BARRASSO, Mr. COBURN, Mr. 

MORAN, Mr. LUGAR, Mrs. HUTCHISON, Mr. ISAKSON, Mr. BROWN of 

Massachusetts, Mr. JOHNSON of Wisconsin, Mr. GRAHAM, Mr. GRASSLEY, Mr. SHELBY, Mr. SESSIONS, Mr. MCCAIN, Mr. BOOZMAN, Mr. ROBERTS, Ms. COLLINS, Mr. HOEVEN, Mr. CHAMBLISS, Ms. AYOTTE, Mr. 

BLUNT, Mr. COATS, Mr. COCHRAN, Mr. CORKER, Mr. JOHANNS, Ms. 

MURKOWSKI, Mr. PORTMAN, Mr. WICKER, and Mr. HELLER) introduced 

the following joint resolution which was read the first time 

JUNE 30, 2011 

Read the second time and placed on the calendar 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States relative to balancing the budget. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the folVerDate Mar 15 2010 23:37 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ23.PCS SJ23

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1 lowing article is proposed as an amendment to the Con2 stitution of the United States, which shall be valid to all 

3 intents and purposes as part of the Constitution when 

4 ratified by the legislatures of three-fourths of the several 

5 States: 

6 ‘‘ARTICLE— 

7 ‘‘SECTION 1. Total outlays for any fiscal year shall 

8 not exceed total receipts for that fiscal year, unless two9 thirds of the duly chosen and sworn Members of each 

10 House of Congress shall provide by law for a specific ex11 cess of outlays over receipts by a roll call vote. 

12 ‘‘SECTION 2. Total outlays for any fiscal year shall 

13 not exceed 18 percent of the gross domestic product of 

14 the United States for the calendar year ending before the 

15 beginning of such fiscal year, unless two-thirds of the duly 

16 chosen and sworn Members of each House of Congress 

17 shall provide by law for a specific amount in excess of such 

18 18 percent by a roll call vote. 

19 ‘‘SECTION 3. Prior to each fiscal year, the President 

20 shall transmit to the Congress a proposed budget for the 

21 United States Government for that fiscal year in which— 

22 ‘‘(1) total outlays do not exceed total receipts; 

23 and 

24 ‘‘(2) total outlays do not exceed 18 percent of 

25 the gross domestic product of the United States for 


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1 the calendar year ending before the beginning of 

2 such fiscal year. 

3 ‘‘SECTION 4. Any bill that imposes a new tax or in4 creases the statutory rate of any tax or the aggregate 

5 amount of revenue may pass only by a two-thirds majority 

6 of the duly chosen and sworn Members of each House of 

7 Congress by a roll call vote. For the purpose of deter8 mining any increase in revenue under this section, there 

9 shall be excluded any increase resulting from the lowering 

10 of the statutory rate of any tax. 

11 ‘‘SECTION 5. The limit on the debt of the United 

12 States shall not be increased, unless three-fifths of the 

13 duly chosen and sworn Members of each House of Con14 gress shall provide for such an increase by a roll call vote. 

15 ‘‘SECTION 6. The Congress may waive the provisions 

16 of sections 1, 2, 3, and 5 of this article for any fiscal year 

17 in which a declaration of war against a nation-state is in 

18 effect and in which a majority of the duly chosen and 

19 sworn Members of each House of Congress shall provide 

20 for a specific excess by a roll call vote. 

21 ‘‘SECTION 7. The Congress may waive the provisions 

22 of sections 1, 2, 3, and 5 of this article in any fiscal year 

23 in which the United States is engaged in a military conflict 

24 that causes an imminent and serious military threat to 

25 national security and is so declared by three-fifths of the 


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1 duly chosen and sworn Members of each House of Con2 gress by a roll call vote. Such suspension must identify 

3 and be limited to the specific excess of outlays for that 

4 fiscal year made necessary by the identified military con5 flict. 

6 ‘‘SECTION 8. No court of the United States or of any 

7 State shall order any increase in revenue to enforce this 

8 article. 

9 ‘‘SECTION 9. Total receipts shall include all receipts 

10 of the United States Government except those derived 

11 from borrowing. Total outlays shall include all outlays of 

12 the United States Government except those for repayment 

13 of debt principal. 

14 ‘‘SECTION 10. The Congress shall have power to en15 force and implement this article by appropriate legislation, 

16 which may rely on estimates of outlays, receipts, and gross 

17 domestic product. 

18 ‘‘SECTION 11. This article shall take effect beginning 

19 with the fifth fiscal year beginning after its ratification.’’. 


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Calendar No. 90 

112TH CONGRESS 

1ST SESSION S. J. RES. 23 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the 

United States relative to balancing the budget. 

JUNE 30, 2011 

Read the second time and placed on the calendar 


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